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HomeMy WebLinkAbout06/25/1996 Special Business Meeting 59 : CITY OF YAKIMA, WASHINGTON JUNE 25, 1996 EXECUTIVE SESSION The City Council met in Executive Session on this date at 1:30 p.m. at the Southeast Yakima Community Center, 1213 South 7th Street, Yakima, Washington. Council Members present were Assistant Mayor John Puccinelli, Ernie Berger, John Klingele, and Bernard Sims. 1. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING (FIRE LEOFF) Following the conclusion of the Executive Session, the Council met in open session for a Special Business Meeting. * * * * * * •* * * * * * * * * CITY OF YAKIMA, WASHINGTON JUNE 25, 1996 SPECIAL BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 p.m(, in the Gymnasium of the Southeast Yakima Community Center, 1213 South 7th Street, Yakima, Washington, Assistant Mayor John Puccinelli, presiding. Council Members Henry Beauchamp, Ernie Berger, John Klingele, John Puccinelli, and Bernard Sims present on roll call. Mayor Lynn Buchanan and Council Member Clarence Barnett were absent and excused. City Manager Zais, City Attorney Paolella, •City Clerk Roberts, and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was given by Council Member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Assistant Mayor Puccinelli read a proclamation declaring July 1, 1996 as Postal Service Reorganization Day recognizing the 25th Anniversary of the reorganization of the U. S. Postal Service. 6n JUNE 25, 1996 4. CONSENT AGENDA Assistant Mayor Puccinelli referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. It was the general consensus of the Council to add Agenda Item No. 10. to the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY KLINGELE, SECONDED BY SIMS, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Barnett and Buchanan absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF THE MAY 21, 1996 SPECIAL JOINT MEETING, JUNE 4, 1996 BUSINESS MEETING AND JUNE 11, 1996 JOINT PUBLIC HEARING The minutes of the May 21, 1996 Special Joint meeting, June 4, 1996 Business meeting, and June 11, 1996 Joint Public Hearing, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. PUBLIC HEARING TO CONSIDER APPEAL FILED BY GREGORY MC CLURE HEARING EXAMINER DECISION ON AN APPEAL FILED BY JANICE WOOLEN REGARDING ADMINISTRATIVE ADJUSTMENT FOR FENCE (CONTINUED FROM JUNE 4, 1996) This being the time set to continue the public hearing, Assistant Mayor Puccinelli invited public testimony. Greg McClure, 1020 South Nob Hill Boulevard, argued that only evidence submitted prior to May 8, 1996 should be considered. City Attorney Paolella explained the legal argument pertaining to the Yakima Municipal Code was relevant, as opposed to new factual evidence. Janice Woolen, owner of the adjacent property, expressed concern about the safety of those using the sidewalk and backing an automobile out the driveway onto Nob Hill Boulevard due to the fence blocking the driver's view. There was also discussion about her fence which was replaced when Nob Hill was widened several years, ago. Betty Gaudette, 701 North 6th Street, expressed concern about the safety of pedestrians using the sidewalk and motorists blindly backing out onto Nob Hill Boulevard. Bev Luby Bartz, 114 North 7th Street, feels the 20 foot setback requirement should be enforced before a six foot fence can be installed. Rosemary Small, 1006 South 25th Avenue, stressed the importance of safety and feels the fence should be set back to provide a clearview angle for visibility. 2 JUNE 2 5,, 19 9 6 61 Assistant Mayor Puccinelli - asked if any one else wished to comment about the is'sue':“ there. being no one he closed the public hearing. After continued: discussion about safety considerations and the hazardous nature of the situation, it , was MOVED BY KLINGELE, SECONDED BY BEAUCHAMP, TO REVERSE THE DECISION OF BOTH THE HEARING EXAMINER AND THE ADMINISTRATIVE OFFICIAL AND DENY THE ADMINISTRATIVE ADJUSTMENT IN ITS ENTIRETY. The ,motion carried by unanimous voice vote; Barnett and Buchanan absent. 7. PUBLIC HEARING ON GMA COMPREHENSIVE PLAN (CONTINUED FROM JUNE 11, 1996 - please bring material previously'distributed) This being the time set to continue the public hearing, Assistant Mayor Puccinelli reported that letters have been received from Robert and Joann Nowlin, 203 North 9th Street, Yakima; Ora Lee and _Art Payment of Yakima; and Cherie Pede, 206 North 9th Street, Yakima. He then opened the public hearing and invited testimony from interested parties. He requested speakers to limit their comments to five minutes and to not be redundant. Lee Clark, a representative of the Englewood Hills Area Organization, 817 Nob Hill Boulevard, directed attention to the Area 14 Future Land Use Wall Map pertaining to Delmar Pearson's property recommended by the Regional Planning Commission. He pointed out that it did not accurately reflect the RPC's recommendation to designate low density residential for the area west of the Carriage Hill Mobile Home Park and to retain medium density for the area north of the Carriage Hill Mobile Home Park. He requested the Future Land Use Map be changed and the request be properly documented. ., Assistant Mayor Puccinelli interrupted the hearing to announce that the Mercy rezone Appeal has been moved to July 2, 1996. Verna Beggs, 1204 E. Spruce, requested an Arterial Commercial land use designation for the area east of Fair Avenue and north of Nob Hill Boulevard. She reported that the area residents don't want high residential density. Bill Hays, 800 South 46th Avenue, spoke in support of the Regional Planning Commission's recommended Bicycle & Pedestrian Plan. He feels the users of the path should pay for it instead of sharing the costs with the whole community. There was discussion among Council members and staff concerning the apparent confusion surrounding the expectations of property owners submitting plans for their property. To help clarify any public misconceptions that property will be automatically rezoned, City Attorney Paolella provided a legal opinion on what this hearing is about and what the legal process leads to concerning future changes in property zoning. Members of the Planning staff explained the basic difference between the Future Land Use Map, which is a journal of requests from property owners as 3 6; JUNE 25, 1996 adopted by the Council, and the Zoning map, which regulates property zoning. Requests for property rezones will still have to go through the legislative process. The Planning staff also explained that public testimony gathered during the public hearing process will be included in the Draft Yakima Urban Area Comprehensive Plan. The Council will consider the Plan for adoption. If adopted, it will be submitted to the State for acceptance. Implementation details of the plan will be developed later with conflicting land uses addressed through the amendment process and rezone requests through the legislative process. There was a considerable amount of discussion and comments concerning the issue of consistency and proposed land use designations as they relate to future zoning requests. Delmar Pearson, 2101 St. Helens, provided a brief history on the use of his property. Providing colored maps of his proposal and using an overhead projector for emphasis, he explained his request for a low density residential land use designation east of the Carriage Hill Mobile Home Park along the canal and then making a transition to medium density for condominiums and apartments west of 40th Avenue, with a professional office designation between Fechter Road and Englewood Avenue. Bob Young, 1018 South 33rd Avenue, representing Central Washington Homebuilders, submitted a petition from "Citizens for Governmental Accountability" reflecting concerns of the development community. He spoke in support of the Regional Planning Commission's recommended version of the Bicycle /Pedestrian Plan. He did not believe impact fees would be a viable source of funding, and feels development regulations should be developed at a later time. Dan Tilley, 313 North 31st Avenue, read some material concerning development regulations as it relates to the Comprehensive Plan and expressed his opinion that development regulations should be developed before the Comprehensive Plan is adopted. He pointed to a map and described moderate density and high density per acre. He provided material about projected land requirements for housing and an affordable income chart. He reported that less than 10 percent of the population within the Yakima area can afford to buy a home and therefore more high density, multi - family housing is needed. Council Member Sims requested a legal opinion about Mr. Tilley's remarks on density to avoid misleading the public. City Attorney Paolella explained the law doesn't require that development regulations be considered at this time. There was a considerable amount of discussion among Council members and staff concerning the meaning of development regulations, their formulation and future implementation. Staff also pointed out that density ranges contained in the Comp Plan and depicted on the Future Land Use Map are merely typical numbers, not maximum numbers, and are meant as a general guideline, not a regulation. Assistant City Attorney Peterson referenced his previous memorandum relating to the language in the Washington State 4 rs ^psi. / f "i.�r 4 a ': "r `T 4( i•., tir 6.3 JUNE 25, 1996 Growth. Management Act .statute and commented he believes the correct procedure is , -being followed. He stated if perfect consistency is not achieved between the development regulations and the Comprehensive Plan, the Plan can be amended at a later time. Bill Huibregtse reiterated Delmar Pearson's request for mixed uses as shown on the overhead map provided by Mr. Pearson. Mr. Huibregtse also elaborated on the proposed relocation of Fechter Road for a safer intersection with 40th Avenue. Melvin Carlson, 907 Conestoga, agreed with. Mr. Clark's testimony and feels that once the maps are adopted, they will be difficult to change. Alice Sells, Executive Director of the Yakima Housing Authority, 921 South 21st Avenue, feels more multi - family housing is needed and more land should be designated to meet low income housing needs. Dennis Kelly, 6 North Pear Avenue, spoke in favor of the Regional Planning Commission's Recommended Bicycle and Pedestrian Plan. He feels changes are needed to the Future Land Use Map. Phoebe Nelson, 4703 surrey Lane, Director of Yakima County Coalition for the Homeless, feels the Future Land Use map does not accommodate needs of low income persons. She also asked for an explanation about the difference between zoning and land use. Ms. Nelson, a resident of Carriage Hill, also spoke in favor of Delmar Pearson's land use plan. Council Member Sims .stated his understanding is that the current zoning designations would remain even after the Comprehensive Plan is adopted. It will not change until the property owner requests a zoning change and it is processed through the Council. Steve McKenna, 370 Blossom Way, expressed. concern as a property . owner about possible widening of 16th Avenue. Phil Pleasant, 701 South 7th Avenue, expressed concern that there is nothing in the Comprehensive Plan about the Airport. There was discussion about the separate process for inclusion of the Airport Master Plan that is currently under review. The County Commissioners requested a joint meeting be scheduled concerning regional consistency, then excused themselves and left the meeting at 3:45 p.m. . Bev Luby Bartz, 114 North 7th Street, feels that although more low income housing is needed, a diverse plan is necessary to avoid overwhelming any particular area. She spoke in favor of downzoning which she feels would alleviate damage done in her neighborhood due to the R -3 zoning in the area. 5 64 JUNE 25, 1996 Betty Gaudette, 701 North 6th Street, requested the entire Northeast Yakima Neighborhood area be zoned R -1 and a moratorium be in effect for at least ten years in, order to recover from the effects of the R -3 zoning. She believes codes should be uniformly applied. Lou Alderman, 101 North 48th Avenue, disagreed with the Congdon land use plans and expressed concern about high density. He also expressed concern about the three block area between 9th Avenue, 10th Avenue, and Tieton Drive designated as medium density. Elsie Gregorich, 1516 Browne Avenue, feels that more attention should be made to old houses badly in need of repair which would be a good resource for families and homeless persons. Gary Jordan, 321 E. Yakima Avenue, spoke in favor of the Bicycle Committee version of the Bicycle /Pedestrian Master Plan. It is important not to limit access to the downtown area. Barbara McKenna, 2701 Shelton, urged the Council to examine information closely because most of the rental property in the low density area is owned by rental association members. They would like to see the problems resolved and suggested a meeting be held to discuss these problems. Neil McClure, 208 South 48th Avenue, urged the Council to adopt the Bicycle Committee's version of the Bicycle /Pedestrian Master Plan. He described his daily commute through school zones and described the situation at the kindergarten crossing by Summitview. There are no sidewalks on the north side of Lincoln Avenue and many times the children use dirt paths. He feels the situation is unsafe for motorists and children, particularly when crossing the arterial street. More sidewalks are needed and are a high priority in the Bicycle Committee's version of the Bicycle /Pedestrian Master Plan which also identifies walk -to- school routes. Freya Burgstaller, 1507 Belmony Avenue, a member of the Yakima Valley Rental Association, spoke against downzoning in established neighborhood areas. She praised landlords who work to benefit the community. Brien Thane, Executive Director of Office of Rural and Farmworker Housing, expressed concern that there is not enough adequate property available for high density multi- family development. He expressed concern about inconsistencies in the Housing Element. He also submitted a letter dated June 25, 1996 from Alice Sells, Executive Director of the Yakima Housing Authority, concerning two vacant sites currently under option by the Yakima Housing Authority for proposed housing development. 6 65 JUNE 25, 1996 Rosemary Small, 1006 South 25th Avenue; submitted a letter from Betty Lou Miller =`.requesting,.R -1 in the Northeast area. She is looking forward to improved design standards for high density development as it relates to a May 7, 1996 memo on Land Use Implementing Strategy. Maud Scott submitted a colored map indicating a low density future land use designation for the Union Street Neighborhood which amends her previous map change request for the predominantly owner - occupied Southeast Neighborhood. Dick Fryhling, with the State of Washington Department of Community, Trade & Economic Development, commented about his involvement in the GMA planning process with the City of Yakima. He complimented the on -going partnership between the City of Yakima and Yakima County concerning land use regulation. He referenced State comments on changes and revisions to the Yakima Urban Area Comprehensive Plan. Denise Englehart, 1211 South 2nd Avenue, requested the crosswalk be painted at 3rd Avenue and Nob Hill Boulevard intersection. Larry Mathews emphasized the importance of preserving lands with good access for industrial development. Richard Zapata, 4206 Fechter Road, agrees with Mr. Clark's testimony and feels the existing zoning is adequate. Fred Baur, owner of property by Milroy Park zoned R -3, believes his property will lose value if rezoned R -1. Gordon Wonder, owner of property on the southeast corner of Yakima and 1st Avenues,'wants this property designated as Arterial Commercial rather than Wholesale /Warehouse. There being no one else wishing to comment, Assistant Mayor Puccinelli closed the public hearing. Glenn Valenzuela, Director of Community and Economic Development, reviewed the time frame to continue joint study sessions in the months ahead to continue the adoption process for the Comprehensive Plan. There was continued discussion about the adoption process. 8. PUBLIC HEARING ON APPEAL FILED BY YAKIMA COUNTY AND AIKENS REGARDING SEPA DESIGNATION ON MERCY PROJECT (THIS HEARING WILL BE CONTINUED TO JULY 2, 1996) This Hearing was continued to July 2, 1996. 9. AUDIENCE PARTICIPATION Luz Bazan Gutierrez, Washington Association of Minority Entrepreneurs (WAME), announced that her organization will conduct an East Yakima Neighborhood Community Assessment survey to identify needs, expectations, and attitudes of an identified distressed neighborhood. Christina Lozoya will be 7 66 JUNE 25, 1996 conducting the survey, and the project will be overseen by the University of Washington Center for the Study of At -Risk Students (C- Stars). *10. CONSIDERATION OF RESOLUTION AUTHORIZING TRANSIT TO PROVIDE TEMPORARY YOUTH PASSES FOR THE QUANTUM OPPORTUNITY PROGRAM RESOLUTION NO. R- 96 -77, A RESOLUTION authorizing the Transit Division to issue youth bus passes as part of the Quantum Opportunity Program. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH KCM, INC. FOR THE "EAST MEAD" SEWER PLANNING STUDY RESOLUTION NO. R- 96 -78, A RESOLUTION authorizing the execution of an Agreement for professional engineering services between the City of Yakima, a municipal corporation, and KCM, Inc. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT -WITH DAVIS, OPFER AND RAAB ARCHITECTS FOR ARCHITECTURAL SERVICES FOR H- VAC /ROOF REPAIRS AT PUBLIC WORKS MAINTENANCE FACILITY RESOLUTION NO. R- 96 -79, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a professional services agreement_ with Davis, Opfer, Raab Architecture PLLC, for architectural and engineering services for the modification and renovation of the City Public Works Complex. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH THE CITY OF SELAH FOR THE CONSTRUCTION OF PORTIONS OF NACHES AVENUE RESOLUTION NO. R- 96 -80, A RESOLUTION approving the Interlocal Agreement for Rehabilitation of a portion of Naches Avenue within the City of Selah. *14. CONSIDERATION OF RESOLUTION DECLARING TWO POLICE VEHICLES AS SURPLUS AND AUTHORIZING THEIR SALE TO THE CITY OF TIETON RESOLUTION NO. R- 96 -81, A RESOLUTION declaring two used police cars to be surplus and authorizing their sale to the City of Tieton Police Department. *15. APPROVAL OF REPORTS FROM FINANCE DEPARTMENT: A. FIRST QUARTER 1996 TREASURY REPORT The First Quarter 1996 Treasury Report was approved. B. MAY 1996 REVENUE AND EXPENDITURE REPORT The May 1996 Revenue and Expenditure (Budget) Report was approved. 8 67 JUNE 25, 1996 *16. APPROVAL OF AMENDED' FINAL CONTRACT PAYMENT FOR CITY HALL PLUMBING RENOVATION PROJECT The report from the City. Engineer, dated June 25, 1996, with respect to the completion of the work on the City Hall Plumbing Renovation project, performed by C & R Plumbing and Heating, was approved, the work accepted and payment of the amended final estimates as therein set forth was authorized. *17. CONSIDERATION OF LEGISLATION REGARDING 911 CONSOLIDATED DISPATCH: A. ORDINANCE REVISING THE MUNICIPAL CODE RELATING TO ORGANIZATIONAL CHANGES ORDINANCE NO. 96 -44, AN ORDINANCE relating to the administrative organization of the police department and fire department; establishing a public safety communications division; and amending Sections 1.18.030 and 1.18.040 of the City of Yakima Municipal Code. B. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLANT (SUPERVISOR'S POSITION) ORDINANCE NO. 96 -45, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employee " be effective -July 30, 1996; amending Subsections 2.20.100 A, 2.20.100 B, 2.20.110 A, and 2.20.110 C, all of the City of Yakima Municipal Code. *18. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO SIDEWALK CAFES AND VENDOR CARTS ORDINANCE NO. 96-46, AN ORDINANCE relating to businesses conducted on sidewalks in the City of Yakima, and allowing businesses involving sidewalk vending carts, and amending all sections of Chapter 5.08 of the Yakima Municipal Code accordingly. *19. SECOND READING OF ORDINANCE AMENDING THE 1996 BUDGET AND APPROPRIATING FUNDS FOR PROJECTS PAID FROM THE PBIA FUND An Ordinance amending the 1996 budget and appropriating funds for projects paid from the PBIA funds, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 96 -47, AN ORDINANCE amending the 1996 budget for the City of Yakima; and making an appropriation of $30,000 in the Parking and Business Improvement Area (PBIA) for expenditure during 1996 to provide for lighting and signage improvements, and development and marketing for the PBIA. 9 JUNE 25, 1996 20. OTHER BUSINESS None. Information Items: Items of information provided to Council were: News Release regarding Yakima Transit's "Neighborhood Bus" System Begins. 6/17/96; Agenda for June 27, 1996 Hearing Examiner meeting; Assignments Pending in Office of Environmental Planning as of June 25, 1996; Article from June 1996 Urban Land, "Airport- Related Industrial Development "; and Article from May 1996 Urban Land, "New Thinking on Regional Shopping Centers." 21. ADJOURNMENT It was MOVED BY KLINGELE, SECONDED BY BEAUCHAMP, TO ADJOURN THE MEETING AT 4:55 P.M. The motion carried by unanimous voice vote; Barnett and Buchanan absent. READ AND CERTIFIED ACCURATE BY: t/ ` i ' /( K-17 diUNCIL, EMB R DATE ihzd !r/ � /i/ 47 CO CIL MEMB'R D TE ATTEST: 40i,2,„:_, je,ece,,, CITY CLERK C 'i' � 1 JOHN LCINTILI3, MAYOR PRO '1Thi Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are available in the City Clerk's Office • 10